WALTER TORRES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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THOMPSON, Judge.
Walter Torres, an inmate in the Department of Corrections, appeals the denial of his motion for violation of probation hearing and his motion for appointment of counsel. In his motion for violation of probation hearing, Torres alleged that an Orange County circuit judge issued a warrant for violation of probation on 13 October 1995, but that no hearing has been held. Since he has finished all other sentences imposed, he alleged, the violation of probation warrant was preventing his release from DOC. The state contends' that the order denying Torres’ motion is neither a final judgment adjudicating guilt nor an order revoking or modifying probation, and that therefore this appeal is not cognizable under Florida Rule of Appellate Procedure 9.140. We agree.
The proper procedure is for Torres to petition the circuit court in the Second Judicial Circuit for a writ of habeas corpus, since he is incarcerated in the Quincy Correctional Institution. Only the circuit court within the county where he is incarcerated has jurisdiction. § 79.09, Fla. Stat. (1995); Alachua Regional Juvenile Detention Center v. T.O., 684 So. 2d 814 (Fla.1996); Baggett v. Wainwright, 229 So. 2d 239 (Fla.1969); Gaffney v. State, 681 So. 2d 1211 (Fla. 5th DCA 1996). We dismiss the appeal without prejudice to Torres’ filing a petition for writ of habeas corpus in the Second Judicial Circuit.
DISMISSED without prejudice.
COBB and ANTOON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Richardson v. State, 918 So. 2d 999 (Fla. 5th DCA 2006)…be filed with the clerk of the circuit court of the county in which the prisoner is detained. Before the other courts, justices or judges, the papers shall be filed with the clerk of the court on which the justice or judge sits.”); Torres v. State, 700 So. 2d 1247, 1247 (Fla. 5th DCA 1997) ("The proper procedure is for Torres to petition the circuit court in the Second Judicial Circuit for a writ of habeas corpus, since he is incarcerated in the Quincy Correctional Institution. Only the circuit court within t…
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Collins v. State, 859 So. 2d 1244 (Fla. 5th DCA 2003)…766 So. 2d 1173, 1175 (Fla. 5th DCA 2000) (“Although a petition for habeas corpus must be filed with the clerk of the court in the county where the defendant is detained, the requirement was met in this case.”) (citations omitted); Torres v. State, 700 So. 2d 1247 (Fla. 5th DCA 1997). There is, however, an exception to this general rule. When a petitioner attacks the validity of the conviction by raising issues relating to the trial or to the propriety of a plea, jurisdiction in habeas proceedings lies with…
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Morel v. Wilkins, 84 So. 3d 226 (Fla. 2012)…ua Reg’l Juvenile Det. Ctr. v. T.O., 684 So. 2d 814, 816 (Fla.1996) (“If a prisoner files a habeas corpus petition in circuit court, the petition must be filed in the circuit court of the county in which the prisoner is detained.”); Torres v. State, 700 So. 2d 1247, 1248 (Fla. 5th DCA 1997) (“Only the circuit court within the county where he is incarcerated has jurisdiction.”); see also § 79.09, Fla. Stat. (2011) [*253] (“Before a circuit judge the [habeas] petition and the papers shall be filed with the clerk…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Baggett v. Louie L. Wainwright, 229 So. 2d 239 (Fla. 1969)
- Alachua Reg'l Juv. Detention Ctr. v. T.O., 684 So. 2d 814 (Fla. 1996)
- Gaffney v. State, 681 So. 2d 1211 (Fla. 5th DCA 1996)
- Kirkland v. Unemployment Appeals Comm'n, 681 So. 2d 1211 (Fla. 5th DCA 1996)